The Memphis appeal. [volume] (Memphis, Tenn.) 1886-1890, 1887-06-08


ofsicay oi the Government. II be made
such a charge against me he Is q Sian
derer and has uttered q deliberate
falsehood. He knows whether ne
made the charge or not.
1.-THE sixth Commissioner, b. w:
Bell. Of Montgomery, Ala, / declined
TO examine, and my reported reasons
for 80 doing are the head and front OF
INV offending and the cause OF the
discourteous and malicious filings at
me in newspaper articles emanatinR
from the 'Comptroller's office When
| called upon Commissioner Bell and
asked for his books and accounts for
examination, / was informed by him
that he had Compromised his &C.
counts with the Comptroller, and he
furnished me the following copy OF
said compromise:
WASHINGTON, D. c., October 2l, 1886.
Hon. NJ. J. Durham, First Comptroller:
SIR-You have suspended con-
adorable amount of my accounts as
United States Circuit Court Commis-
sioner for the Middle District OF Ala
hama for the period from January !,
1888. TO June 80. 1885, inclusive The
whole amount q my claim is t24S2 80.
have received $3.50 40 in part pay
ment OF the same.
Now, to save further trouble in the
adjustment thereof (but not admit
ting that my charges are incorrect or
illegal) and to secure q speedy settle,
ment and payment OF the same, /
agree to take the further sum q
s04O go, in full Of taid amount, and
waving all claim to any other or
further gu a for OIL on account Of satd
accounts, and the services charged
therein, and in consideration OF the
premises / also hereby waive, relin-
auish and quit claim in favor OF the
| United States all claims or demands
whatever that / may have against the
United States for services as such
Commissioner rendered prior to said
Both day Of June, 1885. Very respect
fully, MIR,
United States Commissioner, M. D., Ala.
"This document, Commissioner Bell
sweaTs, was prepared in the Comp.
trol!er's Office with the knowledge al d
consent of the Comptroller, and that
he (Bell) signed 1t in the presence OF
said officer and that his account was
settled in accordance with its terms.
looked through his accounts and the
minutes OF the United States Court
and found that they had been regular.
" made out, properly examined and
passed upon by the United States At
torney, approved by the court and for
warded TO the Treasury Department
for examination and adjustment. Yet
Commissioner Bell swears, and the
wording of the compromise shows,
that without any review and adj 1st-
ment by the Comptrollel's office, as
the law directs, the account was COM
promised and 764 per cent paid and
receipted for, as is evidenced by the
above copy.
~ know Of no law which authorize
any officer OF the government, except
the Secretary OF the Treasury and, in
some cases, the Commissioner OF In
ternal Revenue, to compromise &C
counts, and then only such accounts
as are due to the government, and in
no case accounts due from the govern
ment TO individuals; yet here is case
where the Comptroller, without au.
thority OF law, SO far as | know, and
without that review and adjustment
which the law directs, compromises
an account regularly made out, certi-
fed, approved and sworn to be justly
due from the government to one oil it's
| judicial ofiicere, and this, too, on &C.
count of one Alabama Commission
err" which had been denounced in
newspaper articles emanating from
the Comptroller's office as false and
fraudulent. II the account was just
it should have been adjusted and paid
as the law directs; Ii fraudulent in
any particular the Comptroller has
compounded felony by compromis-
ing and paying 1t.
"This trant action looks to an incom.
petent examiner very much like igno
rance or fraud, and in either case
would seem to preclude the parties tC
the transaction from publishing opin
ions as to the competency OF any Off
Ger connected with q coordinate
, branch Of the government. 1t Is no
, proper, under ordinary circumstances
Tor me to cTiticise the conduct OF the
, Comptroller, but this is the secont
, time that my name has unnecessaril.
a been psraded before the country, AM
have been mitrepTesented and place,
!. in ialee and unenvable light befor
/. my friends and acqusintsnces for n
Q other or better purpose than to max
Z a little cheap reputation flr the Comp
b troler.
II regret exceedingly that self de
It f3use has compelled mo to say Q
A. much more, and / promise the Conn
n troller's office that will do go If con
70 PEELED by continuation of the ia's
e statements about me and maliciou
1t filings at me in newspaper articles fu
niehed by that Office"